[HISTORY: Adopted by the Town Meeting of
the Town of Madison 3-17-1980; printed as last amended 6-13-2005.[1] Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Selectmen cemetery regulations and
charges — See Ch. 532.
[1]
Editor's Note: Interim amendments to this
ordinance were adopted 2-9-1981, 9-9-1985, 3-2-1987, 5-23-1988, 7-8-1991,
2-5-1996, 3-10-1997 and 3-24-2003.
This chapter shall apply to cemetery land owned
by the Town of Madison and used for cemetery purposes.
As used in this chapter, the following terms
shall have the meanings indicated:
The depositing of the remains of a human being into the ground.
A person, firm, or corporation engaged in the sale and/or
erection of vaults, liners, monuments, headstones, etc.
Stone, concrete, or metal used to designate a burial plot
(flat, level with the ground).
[Amended 6-11-2018[1]]
Granite or other stone block which may have the name of the
lot or burial rights owner(s) inscribed on it.
[Amended 6-11-2018]
Shall refer to burial rights and title to land held by a
person or their heirs.
A portion of land designed to hold the full remains of a
human being.
Person responsible for locating and positioning of any burial.
A plot designated to contain the remains of one adult human
being, or two cremated remains of human beings; or one child and two
cremated remains of human beings.
[Amended 6-13-2016; 6-11-2018]
A concrete box large enough to contain the casket remains
of the deceased.
"Weekends" shall mean Saturday and Sunday and "holidays"
shall mean the approved holidays in the Town of Madison's Personnel
Policy in effect at the time.[2]
A.Â
No vehicle shall be operated on other than paved and
unpaved roadways unless authorized by the Town. No vehicle shall be
operated at a speed in excess of 15 miles per hour on any established
roadways. The Town may post and close the roadways during certain
times of the year to prevent damage to the cemeteries. All cemetery
roads shall be closed at the discretion of the Town. No snowmobiles
or unregistered vehicles may be operated within the cemetery at any
time. No vehicle may be operated in any manner which results in damage
to cemetery property, such as leaving ruts or displacing turf. Vehicles
must not stop so as to block the path of other vehicles, except in
cases involving burial ceremonies, and then only for such length of
time as is absolutely necessary. All vehicles must park on the right
side of the roadway.
B.Â
The use of firearms, except as part of a military
burial, is prohibited.
C.Â
The owner of any lot is responsible for the removal
of any unsightly flowers, wreaths, decorations, etc., from the grave
site. If the owner fails to execute such removal, the Town may remove
the same. The depositing of any refuse, unsightly flowers, wreaths
or other grave decorations for disposal must be made in receptacles
provided for such purpose; otherwise said deposits would be considered
an act of littering. It is unlawful for anyone other than the owner
or the Town to remove flowers, wreaths or decorations, etc., from
the plots upon which they are laid.
D.Â
If any trees or shrubs shall, by means of their roots,
branches or otherwise, become detrimental to cemetery lots or roadways,
or dangerous or inconvenient, the Town may remove said trees or shrubs
or parts thereof as are detrimental, dangerous or inconvenient, without
liability therefor to the owner of said trees or shrubs. No one shall
damage, remove, injure or harm any trees or shrubs except the owner
of said tree or shrub, or the Town. No trees or shrubs shall be removed
by any owner without the permission of the Town.
E.Â
Reports
of any damage or thefts shall be reported to the Sheriff's Office
for investigation and to the owner of such property, if known.
[Amended 6-11-2018[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection F, which stated that it was unlawful to damage or remove any items in the cemetery without Town permission, and which immediately followed this subsection. It also provided for the redesignation of former Subsections G through I as Subsections F through H, respectively.
F.Â
The Town shall not be responsible for damages done
to any property.
G.Â
A copy of this chapter shall be issued with each deed.
H.Â
All lots sold by the Town must have a perpetual care
trust established prior to conveyance of title to the cemetery lot
by the Town.
A.Â
Any burial, interment or disinterment shall be done
by the cemetery sexton or an agent approved by the Town.
B.Â
Plots of land shall not be used for any other purpose
than as a place of burial for human remains. No animal burials will
be permitted.
C.Â
If disinterment is requested, the Town shall be informed
as to the length of disinterment, and proof that said disinterment
complies with all applicable laws, rules and regulations of the State
of Maine. If disinterment results in permanent removal, the Town shall
be notified of the state, county, town and name of cemetery where
the new burial is to be made.
D.Â
Funeral directors shall be responsible for the payment
of all burial charges, fees and burial permits except in cases where
their services are not retained and other arrangements have been made
with the Town.
E.Â
All
interments of noncremated remains shall be required to have vaults.
All internments must be coordinated with the Town Sexton.
[Amended 6-11-2018]
F.Â
The Town shall designate a section of the Forest Hills Cemetery as
cremation only in which only flat markers will designate grave sites
and in which no planted flowers, trees or shrubbery will be allowed.
[Added 6-11-2018]
A.Â
No
lot may contain more than one monument/headstone. Individual graves
may have one marker per interment. Monuments and headstones should
be kept in alignment with existing structures within the section,
and should not be placed in such a way as to obscure the visibility
of engravings on neighboring lots. All existing lots not in conformance
with this provision shall be considered preexisting, nonconforming
lots. No nonconforming lot shall be allowed to add monuments from
the effective date of this chapter.
[Amended 6-11-2018]
B.Â
No
structure shall be erected for the purpose of enclosing a plot without
the approval of the Madison Board of Selectmen.
C.Â
No
objects such as benches, seats, fences, etc., shall be erected without
a complete base that keeps grass or weeds from growing underneath.
Location of such objects must be approved by the Town Sexton.
[Amended 6-11-2018]
D.Â
No
monument or any inscription shall be placed in or upon said lot which
shall be determined by the Board of Selectmen, after notice and hearing,
to be offensive or improper. The Board of Selectmen may order the
removal of said offensive or improper object or cause such and inscription
to be removed or obliterated without liability to said owner.
[Amended 6-11-2018]
E.Â
The
contractor installing monuments/headstones shall be responsible for
installing said monuments/headstones according to standards approved
by the Town. The contractor and/or the owner must contact the Town
Sexton for proper location and shall be held responsible for improper
installation, and no liability on the Town's part shall be incurred
for repair of faulty workmanship by private contractors.
[Amended 6-11-2018]
F.Â
The
Town shall not remove or allow any monuments/headstones to be moved
unless first obtaining permission of the owner, unless said removal
is of an emergency nature or for making necessary repairs to the plot
and its appurtenances.
[Amended 6-11-2018]
A.Â
The Madison Board of Selectmen shall be empowered
to establish fees for the purchasing of plots and perpetual care,
paid to the Town of Madison. Said fees shall be available for public
inspection in the Town office.
[Amended 6-11-2018]
B.Â
Plots may not be sold, bartered or exchanged by the
owners. Ownership may be transferred back to the Town only upon approval
of the Madison Board of Selectmen upon such terms as it deems reasonable.
C.Â
Any and all money collected for the purchase of a
lot shall be deposited into the Cemetery Fund. The proceeds of the
sales of plots shall be applied solely to the management, superintendence,
improvement and maintenance of the cemetery and the avenues, paths,
and structures situated therein, and for the purchase of additional
cemetery land.
D.Â
Any and all money collected for perpetual care shall
be deposited with the Town Treasurer and invested and held in accordance
with 30-A M.R.S.A. § 5706. Unless the instrument creating
the trust prohibits, the Treasurer may treat any two or more trust
funds as a single fund solely for the purposes of investment. After
deduction of management expenses, any interest earned or capital gains
realized shall be prorated among the various trust funds. The annual
income, and only the annual income, from the trust fund may be expended
for the upkeep and maintenance of the lot identified in the trust
agreement and any appurtenances to said lot, as well as the general
ways, paths and open spaces of the general cemetery in which said
lot is located.
E.Â
The Selectmen shall at the end of each year determine
the amount of money to be assessed to each trust account for the maintenance
and upkeep of the perpetual care plot. The amount assessed shall be
deducted from the annual earnings of each account. Any unexpended
income shall be placed in an unexpended income reserve category with
the individual accounts. Monies accumulated in the unexpended income
reserve category may be expended to cover cost assessed in excess
of the annual earning of the account. Cost assessed may include cost
other than annual maintenance cost, including but not limited to one-time
cost for replacement of monuments and additional work authorized by
the Town or owner.
F.Â
The Town shall be responsible for keeping accurate
accounting records on individual trust fund balances, which shall
identify on a yearly basis the principal amounts, unexpended income
reserve, yearly earnings, yearly maintenance charge, and amount to
be added or subtracted from the unexpended income reserve. Said accounts
shall be audited and the cost against the trust funds.
The Madison Board of Selectmen shall be responsible
for the following items:
If any section, subsection, paragraph, sentence,
clause or phrase in this chapter shall for any reason be held to be
invalid or unconstitutional by a decree or decision of any court of
competent jurisdiction, such decree or decision shall not affect or
impair the validity of any other action or remaining portion of this
chapter.
Passage of this chapter shall supersede and
replace any other ordinance, bylaws, rules or regulations concerning
cemeteries enacted by the Town or it municipal officers and/or officials.
Any person who continues to violate any provisions
of this chapter after receiving notice of such violation shall be
guilty of a misdemeanor and subject to a fine of up to $100 for each
violation. Each day such violation continues shall constitute a separate
offense. The courts are urged to require restitution in full of person
convicted of damage to cemetery property.